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Becky Pepper-Jackson went on a tear in girls’ track-and-field competition in West Virginia in the recently concluded spring season. It may cost the 13-year-old biological male student the opportunity to compete against females in the upcoming season.

Attorney General Patrick Morrissey and Alliance Defending Freedom attorneys asked the 4th U.S. Circuit Court of Appeals Tuesday to dissolve its unexplained reinstatement of an injunction against the state’s 2021 law banning “students of the male sex” from participating in female-designated athletic teams or sports “based upon competitive skill” or contact sports.

Pepper-Jackson has “beaten over 100 different girls, competitively displaced them over 280 times, consistently ranked in the top 10 of track-and-field events, and denied multiple girls spots in the conference championship” just since the reinstatement Feb. 22, the motion to dissolve reads. “The displaced girls will never be able to recover those opportunities.”

This counters what Pepper-Jackson’s American Civil Liberties Union lawyers repeatedly told the appeals court, according to Morrissey and ADF, which intervened in the case on behalf of Lainey Armistead, who played soccer for West Virginia State University when the suit was filed.

In its Feb. 7 motion for a stay pending appeal, the ACLU mocked Morrissey and ADF for “continu[ing] to identify absolutely no one in West Virginia who will suffer cognizable harm” if Pepper-Jackson competes in women’s sports. It claimed there was “exactly zero basis to think that any of defendants’ hypotheticals will arise while this case is on appeal.” (Excerpt from Just the News.)

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